Non-monetary sanctions and punitive sanctions are not allowed by the Texas anti-SLAPP, TCPA, statute
Legal Action Plaintiff sued defendant for defamation. Communication Defendants postings on a...
Read More
Tag: Anti Slapp
Only communications by the movant are protected by the Texas anti-SLAPP, TCPA, statute
The communication that is protected by the Texas anti-SLAPP, TCPA, statute is the movant’s communication, not the non-movant’s communication. In this suit, the motion to dismiss was denied because the communication was that of the plaintiff, not the defendant.
Read More
Filing a Texas anti-SLAPP motion after an injunction hearing is frivolous
In its never ending battle against the Texas anti-SLAPP, TCPA, law, the Dallas Court of Appeals holds that a hearing on a temporary injunction where evidence of the causes of action pleaded is presented, makes a motion to dismiss frivolous for which attorney’s fees can be awarded to the plaintiff.
Read More
A Texas anti-SLAPP motion to dismiss based on “a matter of public concern” must contain evidence of that concern
In a Texas anti-SLAPP, TCPA, case, saying something is a matter of public concern doesn’t make it so. The record must contain evidence that the pleadings sought to be dismissed involve a matter of public concern.
Read More
Texas anti-SLAPP does not encompass a motion for sanctions alleging discovery abuse
Can a motion for sanctions be dismissed under the Texas anti-SLAPP, TCPA law? The law was amended by the 2019 legislature effective Sept. 1, 2019. The new law excludes procedural actions or motions. But what about cases filed before Sept. 1, 2019? The court here found that the Texas anti-SLAPP, TCPA, can’t be used to dismiss a motion for sanctions.
Read More
Whether And To What Extent May The Court Of Appeals Lift The Statutory Stay During The Appeal In A Texas Anti-SLAPP Case.
Background Statute Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. §...
Read More
How Much Discovery Is Too Much Discovery In A Texas anti-SLAPP Case
When a Texas anti-SLAPP motion to dismiss has been filed, all proceedings in the trial court, including discovery, or stayed. The trial court can allow “specified and limited” discovery that is relevant to the motion to dismiss if “good cause” is shown. Comprehensive discovery is not allowed, but the plaintiff must be armed with “clear and specific” evidence of each essential element of every single claim challenged. Thus, discovery must be sufficiently broad to cover all essential elements of all of the challenged claims, even if it could be later determined that some of the claims did not fall within the TCPA.
Read More
When The Judge Fails To Rule – Contrast Between Rule 91a And The Texas anti-Slapp Statute
The consequences of a judge’s failure to rule on a motion to dismiss are different between the Texas anti-SLAPP, TCPA, statute and Rule 91a. Under the TCPA, a failure to rule is considered a denial of the motion from which an interlocutory appeal may be filed. Under Rule 91a, a failure to rule is just that, a non-ruling. There is no appealable order if the trial court hasn’t ruled on the Rule 91a motion. A petition for writ of mandamus may be filed to force the trial court to rule but until he rules, there is no appealable order.
Read More
All Causes Of Action Pleaded In A Texas anti-SLAPP, TCPA, Case Must Be Addressed
Background Statute Texas Citizens Participation Act (TCPA), TEX. CIV. PRAC. & REM. CODE ANN. §...
Read More
In A Texas anti-SLAPP, TCPA, Case, If The Non-Movant Raises The Commercial Speech Exemption, You Must Address It Or You May Lose
Legal Action Suit over violation of employment agreement. Communication Getting together to start...
Read More
The Texas Supreme Court Rules on a Texas anti-SLAPP, TCPA Case, While Barely Mentioning the TCPA.
The Texas Supreme Court discusses the Texas anti-SLAPP, TCPA, law, contracts and the parol evidence rule.
Read More
The Texas anti-SLAPP, TCPA, Law Applies to Lawyer Discipline
The Texas anti-SLAPP, TCPA, law applies to lawyer discipline cases brought by the State Bar but the elements of a cause of action that the State Bar must prove to avoid the law are easy to prove in step two of the process.
The dissent said that the TCPA “has become a barrier to disciplining lawyers.” It has not. New things are scary but like we would tell our client, Mr. Craddock, just do what you’re supposed to do under the law and everything will be alright.
